Month: August 1975

Opinion 411

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #411 – 08/28/1975 (71-75) Topic: Announcements; clients of former firm Digest: Not improper to send announcement to clients of former firm with whom a professional relationship has been established Code: DR 2-102 QUESTION May an attorney send announcements regarding the opening of his own office … Continued

Opinion 410

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #410- 08/28/1975 (70-75) Topic: Client’s confidences Digest: Partnership may not continue to represent clients in personal injury action against former client of one partner, involving the same occurrence, even if the previous litigation has terminated and the parties consent Code: Canon 5, 9; EC 4-5, … Continued

Opinion 409

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #409 – 08/28/1975 (69-75) Topic: Conflict of interests; Lawyer spouses as assistant district attorney and assistant public defender Digest: Not improper for a spouse of an assistant district attorney to be employed in the same county as a part-time assistant public defender Code: Canon 9; … Continued

Opinion 408

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #408 – 08/28/1975 (64-75) Topic: Division of fees between lawyers Digest: Proper to divide fees between lawyers provided (1) client knows and consents; (2) division is in proportion to work performed and responsibility assumed; and (3) total fee is reasonable Code: EC 2-22; DR 2-107(A) … Continued

Opinion 407

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #407 – 08/28/1975 (62-75) Topic: Failure to respond to another attorney’s telephone calls or correspondence Digest: Improper for lawyer as a course of conduct to fail to respond to another attorney’s telephone calls or correspondence Code: EC 7-10, 7-37, 7-38, 7-39 QUESTION Does a lawyer … Continued

Opinion 406

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #406 – 08/20/1975 (61-75) Topic: Lawyer as private investigator Digest: A lawyer may engage in the dual practice of law and another occupation as a private investigator subject to the restrictions provided by the Code Code: Canon 2; DR 2-102(E) QUESTION May a lawyer engaged … Continued

Opinion 405

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #405 – 08/13/1975 (37-75) Topic: Disclosure of client’s confidences Digest: Improper for a lawyer representing a client who is charged with the crime of larceny to divulge to the authorities confidential information obtained from the client as to the location of the stolen property Code: … Continued

Opinion 404

NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #404 – 08/13/1975 (23-75) Topic: Communication with adverse party Digest: Not improper for attorney to communicate with individual members of board of education under limited circumstances Code: DR 7-104(A)(1) QUESTION Where a board of education is split on a decision, may an attorney representing a … Continued